Lease Renewal

Lease Renewal

DATED THIS DAY OF "Elation Properties", leases to RESIDENT(S) PROPERTY

ADDRESS:

  1. NEW LEASED DATES: BEGINNING: ENDING: Last Day
  2. NOTICE OF TERMINATION/RENEWAL: Written notice of intent to terminate this Agreement as of the end of the initial lease term specified above may be given by either party at least sixty (60) days prior to the expiration of such initial lease term. In the event either party provides written notice of its intent to terminate, then this Agreement shall terminate effective as of the expiration of the initial lease term specified above. In the event neither party provides written notice of its intent to terminate, then this Agreement shall automatically renew, upon the same terms and conditions set forth in the Agreement, effective as of the expiration of the initial lease term specified above and continuing until either party gives a sixty (60) days' written notice of their intention to terminate this Agreement; provided, however, that if such notice is not given on the first day of the month, then it shall be deemed given on the first day of the first succeeding month. For example, if during a renewal term Resident gives Owner written notice of intent to vacate on June 2nd, then such notice shall be deemed to have been given on July 1st, and this agreement shall continue in full force and effect until August 31st.
  3. RESIDENT'S RESPONSIBILITIES UPON MOVE-OUT: Upon the termination of this Agreement, whether due to the expiration of the initial term or any renewal term of this Agreement, or for any other reason whatsoever, Resident agrees as follows: (a) to allow Owner's agents to show apartment to prospective residents without prior notice (b) that the Leased Premises shall be cleaned thoroughly by Resident and that al other cleaning instructions shall be strictly complied with; (c) that Resident shall vacate the Leased Premises no later than 12:00 o'clock noon on the final date of the term (paying a penalty of $25.00 per hour for each and every hour or portion thereof beyond such deadline); and (d) that Resident shall leave a forwarding address with the Owner or its representative.
  4. DELAY OF OCCUPANCY: In the event the Leased Premises are not ready for occupancy, or in the event Owner is for any reason whatsoever unable to deliver possession by the commencement date of this Lease, Owner shall not be liable nor responsible for any claims, damages or liabilities and this Lease shall remain in full force and effect; provided, however, that Resident shall not be liable for the rent until Landlord delivers possession of the Leased Premises to Resident.
  5. CONTRACT RENT: This is a bedroom apartment. Resident agrees to pay the total sum of $. This is a month contract in equal monthly installments of for months.

    Owner requires that all rent and other sums due be paid on one monthly check rather than multiple checks. CASH IS NOT ACCEPTED.
    The late payment of rent for one or more months shall, at Owner's sole option, constitute grounds for immediate eviction. Owner may, but shall not be required to, grant extensions of time to pay rent. Owner reserves the right to impose conditions upon any such extension, and Resident's failure to meet any such condition shall be grounds for immediate eviction. Resident shall be responsible for all rental payments throughout the term of this agreement. Vacating the premises voluntarily or by eviction will not affect the balance of contract rent owing. In addition to aforementioned contract rent and administrative fee of $1,000 will be charged for early termination of this rental agreement. The acceptance of rent by landlord after default by Resident, or after the commencement of eviction proceedings, shall not operate to prejudice, waive, or affect any right or remedy that landlord may have under this agreement or by operations of law, either as to that breach or any future breach of a like or different nature.

  6. LATE CHARGES: Rent is due on or before the 1st of each month. Resident acknowledges that late payment by Resident of rent or other sums due under this agreement will cause Landlord to incur costs not contemplated by this agreement, the exact amount of which would be extremely difficult and impractical to ascertain. Should the Owner not receive delinquent rent or any other charge due and owing by 5:00 p.m. on the third (3rd) day of each month in which due, Resident shall pay to Owner a $20.00 late fee, plus an additional $5.00 per day as liquidated damages until all amounts are paid in full. Waiver of any late fee with respect to any one or more late payments shall not be deemed a waiver of any subsequent or other late payment by Resident. Acceptance of partial payment of rent or of delayed payment of rent shall not be a waiver as to amount or as to the time for subsequent rental payments. Payment shall be applied to the following charges, if any and in this order: (1) miscellaneous costs, (2) late charges, (3) utilities, and (4) rent. In addition, a fee of $30.00 will be charged to Resident for each returned check, plus late fees.
  7. ABANDONMENT: If Resident vacates or abandons the leased premises for 15 days or more, without notice to Landlord of Resident's whereabouts or intent to return to the leased premises, Resident shall be deemed to have abandoned the leased premises, and Owner may forfeit this agreement and re-enter, take control of and re-let the premises without liability to Resident. In such event, any personal property valued at $100 or greater left in the leased premises shall be stored by Landlord for 30 days, and Landlord shall have a lien thereon for all costs of moving and storing such personal property. If Resident does not contact Landlord or otherwise claim such personal property within 30 days, it shall be considered abandoned, and may be disposed of by Owner with any proceeds being applied to Owner's storage lien. Owner shall not be liable to resident for any action pursuant to this paragraph.
  8. UTILITIES: Owner will furnish the following utilities: Water, Sewer, Trash and WiFi Internet. Resident will pay for all other utilities. Utilities are to be in the name of the resident(s) from the first day of possession through the last day for which the resident(s) are responsible for rent, whether or not the property is occupied. Resident(s) authorize utility companies to keep in their name(s) through the termination of the agreement. Owner has furnished sufficient smoke detectors to comply with the Housing Code. Resident(s) agree to test smoke detectors at least monthly to replace batteries when needed and to report inoperable detectors immediately.
  9. THE APARTMENT WILL BE OCCUPIED AND USED ONLY AS A PRIVATE DWELLING BY: (List all adults and minors ONLY)
  10. SUBLETTING: Subletting, assignment or securing a replacement will not be allowed.
  11. RULES AND REGULATIONS: Resident, any family members, and guests will comply with all written rules and regulations and community policies furnished to the resident. Resident has received a copy of the community policies and agrees to comply with these policies. Owner may make reasonable rule changes, if in writing and distributed to all residents or otherwise posted on or about the Leased Premises. In addition to those matters addressed in such rules, regulations and policies, Resident shall not: (i) permit or commit waste upon or damage to the Leased Premises; (ii) perform any acts or carry on any practices which may otherwise injure the Leased Premises or the building or complex in which or upon which the Leased Premises are located; (iii) interfere with the peaceful occupancy or enjoyment of other residents; or (iv) be a nuisance or a menace to other residents or to the public or act in any manner which jeopardizes the health, safety or welfare of others. Resident hereby acknowledges that in the event Resident or his or her family members or guests perform or fail to perform any act referred to herein, such event shall operate to terminate this Agreement. Resident shall respect the rights of other residents to the quiet enjoyment of their premises, and the conduct of Resident and/or any family members or guests of Resident shall not be disorderly, boisterous or unlawful. Serious or repeated complaints about Resident or Resident's guest's conduct from other residents shall be cause for Resident's immediate eviction.
  12. OWNER WILL NOT BE LIABLE: Owner will not be liable for any damages or losses to person or property caused by other residents or other persons. Owner will not be liable for personal injury or damage or loss of resident's personal property (furniture, jewelry, clothing, etc.) from theft, vandalism, fire, water, rain, hail, smoke, explosions, sonic booms, act of God or other causes whatsoever. Owner recommends that resident secure insurance to protect resident against all of the above occurrences.
  13. DEFAULT: If Resident fails to pay rent or other charges when due, uses the property for an illegal purpose or in violation of applicable laws, abandons the unit or violates specific provisions of this agreement or the Community Policies, Owner may terminate this Agreement and resident's rights by giving Resident or any other occupant of the leased premises such notice to quit and vacate the leased premises as may be required by law. Resident further agrees to pay the balance of rent owing on the lease, attorney's fees and all other costs incurred by Owner, in the successful maintenance of any forcible entry and detainer action required as a result of Resident's failure to quit and vacate the leased premises in accordance with any notice to quit received by Resident. All sums unpaid shall accrue interest at the highest rate authorized by law.
  14. PROMOTION: If there is an early termination of this agreement by resident or by Owner for any cause, the declared value of any promotions or premiums received by the resident will be repaid to the Owner and the Resident will be responsible for the total sum of the contract rent and the administrative charges.
  15. EACH RESIDENT is jointly and severally (individually) liable to Owner for the total rent due and for damages inflicted upon the leased premises. This means that if one resident fails to pay rent or pay for damage done to the premises, any one of the other residents or any number of other residents may be held liable for the entire by Owner. Each of the undersigned states that she/he is of legal age to enter into a binding contract for lodging. All obligations hereunder are to be performed in the county where the apartment is located. Any clause in this contract or attachment hereto declared invalid by law shall not terminate or invalidate the remainder of this contract or attachment.
  16. CONDITION OF PRMISES: Resident must keep the premises in clean condition and shall refrain from littering or allowing the accumulation of trash or debris in common areas.
  17. CARPET CLEANING: A minimum of $ will be withheld from the damage/cleaning deposit for carpet cleaning at time of move out.
  18. MOLD: To minimize the occurrence and growth of mold in the Leased Premises, Resident hereby agrees to the following:
    • Moisture Accumulation: Resident shall remove any visible moisture accumulation in or on the Leased Premises, including on walls, windows, floors, ceilings, and bathroom fixtures; mop up spills and thoroughly dry affected area as soon as possible after occurrence; use exhaust fan in bathroom and fan on furnace when necessary; and keep climate and moisture in the Leased Premises at reasonable levels, that is 40-60%. Use a dehumidifier if necessary.
    • Apartment cleanliness: Resident shall clean and dust the Lease Premises regularly, and shall keep the Leased Premises, particularly kitchen and bathroom areas, clean.
    • Notification of management: Resident shall promptly notify management in writing of the presence of a water leak, excessive moisture, or standing water, mold growth in or on the Leased Premises, and a malfunction in any part of the heating, air-conditioning or ventilation system.
    • Liability: Resident shall be liable to Owner for damages sustained to the Leased Premises or to the Resident's failure to comply with lease terms. Violation shall be deemed a material violation under the terms of the Lease, and Owner shall be entitled to exercise all rights and remedies if possesses against Resident at law or in equity.
    • Violation of Addendum: Violation shall be deemed a material violation under the terms of the Lease, and Owner shall be entitled to exercise all rights and remedies it possesses against Resident at law or in equity.
  19. MEGAN'S LAW DISCLOSURE: State law requires that all persons who plead guilty or have been found guilty of a sex crime must register with the Chief of Police in the city in which the person resides, or the Sheriff of the county if no Chief of Police exists. To obtain further information regarding persons required by law to register as sexual offenders, contact the local Chief of Police or the County Sheriff.
  20. THIS CONTRACT is executed in multiple copies, one for the residents and one or more for the Owner. The move-in inventory and condition form must be completed within five days after the resident moves in. Both Owner and Resident shall retain a copy. IT IS THE RESIDENT'S RESPONSIBILITY TO COMPLETE AND RETURN THIS FORM. In the event this form is not returned, it shall be deemed that the apartment is free of damages at the time of move-in and Resident shall be held liable for any cleaning and damage charges (normal wear and tear expected) during Resident's occupancy and at time of move-out.
  21. SPECIAL PROVISIONS:
  22. All rent payments made with a credit card will be charged a $20 processing fee.
  23. GENERAL: This contract, the Community Policies and all lease addendums are the entire agreement between the parties, and resident acknowledges that no other oral or written agreement exists, either expressed or implied. This contract may be modified only in writing signed by all parties. Resident's statements in the rental application were relied upon by the Owner; any misinformation therein shall be considered cause for termination of resident's right of occupancy.

ELATION PROPERTIES IS THE AGENT FOR THE OWNER IN ALL BUSINESS TRANSACTIONS. THIS IS A BINDING LEGAL DOCUMENT - READ CAREFULLY BEFORE SIGNING. TIBURON PROPERTIES, LLC'S FAIR HOUSING POLICY IS LISTED ON THE FOURTH (4TH) PAGE OF THIS LEASE

I/WE HAVE READ AND AGREE TO THIS ENTIRE RENTAL AGREEMENT.

Andrea Wallert

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